Or. Admin. Code § 635-415-0015 - Application of Fish and Wildlife Habitat Mitigation Policy

(1) The Department shall work with regulatory and planning agencies, land management agencies, private developers, operators, public interest groups, and the public to implement this Fish and Wildlife Habitat Mitigation Policy.

(2) The Department shall apply the requirements of this division when implementing its own development actions, and when developing recommendations to other state, federal, or local agencies regarding development actions for which mitigation for impacts to fish and wildlife habitat is authorized or required by federal, state, or local environmental laws or land use regulations.

(3) In applying this policy, the Department shall identify and utilize the habitat protection and mitigation opportunities provided by applicable federal, state, and local environmental laws and land use regulations, and shall participate throughout the duration of these regulatory processes to coordinate Department mitigation requirements or recommendations with those of other agencies. If the regulatory authority of an agency provides for mitigation of cumulative or historic losses, the Department shall apply the standards of OAR 635-415-0025 in making its recommendations.

(4) When making recommendations on local land use actions, the Department shall follow the provisions of its certified State Agency Coordination Program and OAR Chapter 635 Division 405.

(5) Unless required by statute, the Department may elect not to recommend or require mitigation for a development action if, in the opinion of the Department, the impacts to fish and wildlife habitat are expected to be inconsequential in either nature, extent, or duration; or if staff resources are not available.

(6) Nothing in this policy shall be construed to vest authority in the Department where no such statutory or regulatory authority has been granted.

Notes

Or. Admin. Code § 635-415-0015

FWC 133-1991, f. & cert. ef. 11-19-91; DFW 47-1998, f. & cert. ef. 6-15-98; DFW 25-2000, f. 4-26-00, cert. ef. 5-1-00

Stat. Auth.: ORS 496.012, ORS 496.138, ORS 496.171, ORS 506.109 & ORS 506.119

Stats. Implemented: ORS 496.012, ORS 496.138, ORS 496.171, ORS 506.109 & ORS 506.119